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Split up 10yrs ago - name still on mortgage. What entitled to?

(6 Posts)
Cantbebotheredtocutupfruit Mon 19-Aug-13 21:21:23

What you are entitled to doesn't mean you can force the sale through on that basis. You both need to agree and give conveyancing solicitor matching instructions. Otherwise conveyancing solicitor likely to refuse to act unless you then agree for money to be held by solicitor until an agreement is reached.

wannaBe Mon 19-Aug-13 20:56:43

it is to do with how the house is registered i.e. whether you are joint tenants or tenants in common (the term tenant her not meaning you both live in the property but ownership of the property).

If you are joint tenants then that means that you both own the house equally and you would be entitled to 50% of its value, however tenants in comment means that you decide who owns what percentage of the property which then determines what entitlement you have to its value.

Cantbebotheredtocutupfruit Mon 19-Aug-13 20:52:29

You need to take legal advice, would have to go to court if you can't reach an agreement. A judge would look at conduct (ie who has been paying what) as well as what was originally agreed.

Viviennemary Tue 13-Aug-13 22:47:35

I think it would depend on whose name is on the title deeds of the house and not whose name is on the mortgage. Are you living in the house now? If your name is on the deeds then you will be entitled to 50% of it's value now.

sparkle9 Tue 13-Aug-13 20:42:23

You are probably entitled (legally) to 50% of it's value now but it will depend on how the ownership was set up originally. Tenants in common or joint tenants.

Have you been paying half of the mortgage?

goldie81 Wed 07-Aug-13 22:59:15

Would it be to do with what house worth then or now??

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